The TDSAT said that the RIO, as defined under the regulations, is a positive concept and, if framed properly, it should go a long way in ensuring a level playing ground. It also said that mere publication of RIO on websites does not satisfy the condition of acting in non-discriminatory manner.

TDSAT’s order can be divided into two parts—the first part is whether RIO can be applied retrospectively and at what rates should Hathway pay outstanding dues. The second part is whether Hathway was being discriminated by big broadcasters like Star and ZEEL vis-à-vis its nearest competitor.

TDSAT has passed an order stating that broadcasters cannot apply RIO rates on retrospective basis. The order was passed in the Taj Television-Star India versus Hathway Cable & Datacom case. From 1 October, both Taj and Star channels (including Star Sports) will be available on RIO basis on Hathway.

The order came after Sun Distribution System complained that DEN’s subscriber management system was not in compliance following an audit by KPMG. The report of the auditing agency casts some doubts in regard to the working of the petitioner’s system.

Hathway and Star India were directed by TDSAT to follow an interim commercial arrangement. Hathway will pay Star at Rs 27 charge per subscriber for all the entertainment and sports channels. The MSO can bundle all the channels the way it wants. It is required to clear outstanding dues amounting to Rs 27 crore by Wednesday.

Neo Sports had filed a petition against Akash Cable for recovery of subscription fees along with interest. The two parties had signed 12 interconnection agreements whereby the MSO carried Neo Sports and Neo Cricket on its network.

Sun TV approaches TDSAT seeking stay on ad regulation. TRAI counsel gave oral undertaking that it will not take any coercive action against Sun TV till further orders. Matter will come up for hearing on 21 October.